District of New Hampshire • 1:26-cv-00540

#1

Jun 30, 2026

NEW CASE/PETITION FOR WRIT OF HABEAS CORPUS 2241/2254. (Filing fee $ 5, receipt number ANHDC-2819610.) filed by Wallace Pereira. (Attachments: # 1 Exhibit 1 - Form I-220A, # 2 Civil Cover Sheet)(Cerretani, Gabriela) (Entered: 06/30/2026)

#2

Jun 30, 2026

ORDER ENTERED: The Court requires sufficient time to consider the petition for habeas corpus filed pursuant to 28 U.S.C. § 2241. Consequently, the respondents shall not remove or transfer the petitioner outside of the District of New Hampshire unless they provide this Court with notice at least seventy-two hours in advance of any such removal or transfer. At least twenty-four of the seventy-two hours must fall on a day during which the court is in session. Such notice shall: 1. be filed in writing on the docket of this proceeding; 2. state the reason for the necessity of such action; and 3. state why the move should not be stayed pending further court proceedings. Notice of a petitioner's release from custody may be provided after the fact. So Ordered by Judge Landya B. McCafferty.(jmb) (Entered: 06/30/2026)

#3

Jun 30, 2026

ORDER Directing Clerk to Make Service. So Ordered by US Magistrate Judge Andrea K Johnstone.(vln) (Entered: 06/30/2026)

#4

Jun 30, 2026

NOTICE of Attorney Appearance by Samuel H. Martin on behalf of US Attorney General, US Department of Homeland Security, US Department of Homeland Security, Secretary, US Immigration and Customs Enforcement, US Immigration and Customs Enforcement and Removal Operations, Field Office Director Attorney Samuel H. Martin added to party US Attorney General(pty:res), Attorney Samuel H. Martin added to party US Department of Homeland Security(pty:res), Attorney Samuel H. Martin added to party US Department of Homeland Security, Secretary(pty:res), Attorney Samuel H. Martin added to party US Immigration and Customs Enforcement(pty:res), Attorney Samuel H. Martin added to party US Immigration and Customs Enforcement and Removal Operations, Field Office Director(pty:res).(Martin, Samuel) (Entered: 06/30/2026)

Jun 30, 2026

Notice of Filing to USA - 2255/2241

Jun 30, 2026

Case assigned to Judge Landya B. McCafferty and US Magistrate Judge Andrea K Johnstone. The case designation is: 1:26-cv-540-LM-AJ. Please show this number with the judge designation on all future pleadings. (jmb)

Jun 30, 2026

NOTICE of Filing - Case filed under 28 U.S.C. 2241. A copy of the petition has been electronically sent via ECF to your office. No further action is required by the United States Attorney unless directed by the presiding judge.(jmb)

Jun 30, 2026

SERVICE BY CLERK: Copies mailed via certified mail, return receipt requested per 3 Order Directing Service.(vln)

Jun 30, 2026

Clerk Service

Jun 30, 2026

NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE. (jmb)

Jun 30, 2026

Case Assigned

Jun 30, 2026

Notice - ECF

#5

Jul 01, 2026

NOTICE of Attorney Appearance by Emily Conant on behalf of Strafford County Department of Corrections, Superintendent Christopher Brackett Attorney Emily Conant added to party Strafford County Department of Corrections, Superintendent(pty:res).(Conant, Emily) (Entered: 07/01/2026)

#6

Jul 01, 2026

RESPONSE to 3 Order Directing Service filed by US Attorney General, US Department of Homeland Security, US Department of Homeland Security, Secretary, US Immigration and Customs Enforcement, US Immigration and Customs Enforcement and Removal Operations, Field Office Director. (Martin, Samuel) (Entered: 07/01/2026)

Jul 02, 2026

ENDORSED ORDER granting 1 Petition for Writ of Habeas Corpus. Text of Order: The government does not dispute that petitioner is a member of the class certified in Guerrero Orellana v. Moniz, 813 F. Supp. 3d 185 (D. Mass. 2025). Nor does the government dispute that petitioner is entitled to relief on due process grounds if the court applies Judge Elliott's reasoning in Destino v. FCI Berlin, Warden, Civ. No. 25-cv-374-SE-AJ, 2025 WL 4010424 (D.N.H. Dec. 24, 2025). As the court finds that petitioner is entitled to relief under both Guerrero Orellana and Destino, the habeas petition is granted. Respondents are ordered to provide petitioner with a constitutionally adequate bond hearing before an IJ within two business days, unless the petitioner requests a continuance, in which case the bond hearing shall occur as soon as practicable. Within 24 hours of the bond hearing, the government shall file a status report in this court notifying the court of the result of the bond hearing. So Ordered by Judge Landya B. McCafferty.(vln)

Jul 02, 2026

Order

#7

Jul 08, 2026

Status Report

Jul 09, 2026

~Util - Set Deadlines